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s 41

Finality of decision to refuse approval of surety

In force
Part VISureties and surety undertakings

41 Finality of decision to refuse approval of surety

(1)

A decision by a surety approval officer not to approve of the applicant as a surety is final unless the applicant becomes entitled to re‑apply under subsection (2).

(2)

An applicant who is refused approval as a surety may re‑apply for approval to the surety approval officer who made that decision, or if that officer is absent or unavailable to another surety approval officer, on the ground that —

(a)

new facts have been discovered, new circumstances have arisen or the circumstances have changed since he was refused approval; or

(b)

he failed to adequately present his case for approval on his previous application,

and the provisions of this Act, except section 37, shall, with necessary modifications, apply to any such further application and the decision thereon.

[Section 41 amended: No. 6 of 2008 s. 24(3) and (4).]

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Bail Act 1982 s 41 — Finality of decision to refuse approval of surety (Western Australia) — Barrister AI